Common use of Commonwealth Risk Clause in Contracts

Commonwealth Risk. 4. If clauses 7.3 - 7.4 apply, a Latent Condition. 5. Valuable, archaeological or special interest items found on or in the Site. 6. If clause 1 of the Special Conditions applies, Latent Hazardous Substances, Asbestos, ACM or GHS Material. 7. A Pandemic Relief Event. Delay damages: (Clause 10.10) Clause 10.10 [DOES/DOES NOT] apply. (Clause 10.10 applies unless otherwise stated) If clause 10.10 applies: Where there are no Stages, the daily cap on the extra costs reasonably incurred for the Works is: $ per working day If there are Stages, the daily cap on the extra costs reasonably incurred for each Stage is: Stage Maximum delay damages $ per working day $ per working day $ per working day $ per working day Percentage of extra costs reasonably incurred due to acceleration: (Clause 10.14(b)(ii)) [To be inserted following selection of the successful Tenderer] % (5% unless otherwise stated) CLAUSE 11 - VARIATIONS Percentage adjustments for valuing a Variation: (Clauses 11.3(b)(i), 11.3(c)(iii) and 11.6(f)) [To be inserted following selection of the successful Tenderer]% of amount determined for off-site overheads and profit [To be inserted following selection of the successful Tenderer]% of amount determined for non-time related on-site overheads and preliminaries Percentage of wages: (Clause 11.6(b)) [To be inserted following selection of the successful Tenderer]% CLAUSE 12 – PAYMENT Times for submission of payment claims by the Contractor to the Contract Administrator: (Clause 12.2(a)) Monthly on the day of each month Email address for copy of tax invoice: (Clause 12.5(a)) ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇.▇▇ Number of business days for payment: (Clause 12.5(b)) To the extent that the relevant part of the Contractor's Activities is carried out in: 1. Queensland or New South Wales: 5; or 2. any other State or Territory: 10. Interest rate: (Clause 12.13) 1. In the case of damages - the Australian Taxation Office-sourced General Interest Charge Rate current at the due date for payment or such other rate nominated in writing from time to time by the Contract Administrator; or 2. In the case of late payments - the greater of: (a) the rate in paragraph (1); and (b) the rate of interest prescribed under any applicable Security of Payment Legislation. Appointed Adjudicator/Prescribed Appointer/ Authorised Nominating Authority: (Clause 12.18(d)) To the extent that the relevant part of the Contractor's Activities is carried out in: 1. the Northern Territory or Western Australia: (a) the appointed adjudicator is ; or (b) if no appointed adjudicator is appointed, the prescribed appointer is the Resolution Institute, Northern Territory Chapter or Western Australian Chapter (as the case may be); or 2. ▇▇▇▇▇▇▇▇, any one of the following: (a) Resolution Institute, Victorian Chapter; (b) Building Adjudication Victoria Inc; or (c) Rialto Adjudications Pty Ltd; or 3. any other State or Territory (save for Queensland), the Resolution Institute of the Chapter in that State or Territory. Limits of accuracy for quantities in Schedule of Rates: (Clause 12.23(c)) Upper Limit: (115% unless otherwise stated) Lower Limit: (85% unless otherwise stated) Facilities and infrastructure accounting (additional): (Clause 12.21(b)) CLAUSE 13 – COMPLETION Liquidated damages payable by Contractor when Date of Completion occurs after Date for Completion: (Clause 13.7) If there are no Stages, for the Works is: $ per day. If there are Stages, for each Stage is: Stage Liquidated Damages $ per day $ per day CLAUSE 14 - TERMINATION Number of days to remedy breach: (Clauses 14.3(c) and 14.4(b)) days CLAUSE 15 - DISPUTES Directions to be subject of an expert determination if disputed: (Clause 15.2) Directions under clauses: 2.3(a)(ii), 4.2, 7.3(b)(i), 7.4(a)(ii), 8.4(c)(ii), 8.4(d), 8.21(d)(ii), 8.29, 9.5, 9.9(b)(i), 9.10, 10.8, 10.11(b)(ii)B, 11.3(b), 11.3(c)(ii), 11.3(d), 11.6, 12.4, 12.23(e)(ii), 13.2(b)(ii), 14.8(a), 18.4(e)(ii) and 18.4(e)(iii) and if clause 1 of the Special Conditions applies, clause 1.1(b)(i)) of the Special Conditions and clause 1.2(b) of the Special Conditions. Industry expert who will conduct expert determinations: (Clause 15.3(a)(i)) Nominating authority for industry expert: (Clause 15.3(a)(ii)) (The President for the time being of the Resolution Institute unless otherwise specified)

Commonwealth Risk. 4. If clauses 7.3 - 7.4 apply, a Latent Condition. 5. Valuable, archaeological or special interest items found on or in the Site. 6. If clause 1 6 of the Special Conditions applies, Latent Hazardous Substances, Asbestos, ACM or GHS Material. 7. A Pandemic Relief Event. Delay damages: (Clause 10.10) Clause 10.10 [DOES/DOES NOT] apply. (Clause 10.10 applies unless otherwise stated) If clause 10.10 applies: Where there are no Stages, the daily cap on the extra costs reasonably incurred for the Works is: $ per working day If there are Stages, the daily cap on the extra costs reasonably incurred for each Stage is: Stage Maximum delay damages $ per working day $ per working day $ per working day $ per working day Percentage of extra costs reasonably incurred due to acceleration: (Clause 10.14(b)(ii)) [To be inserted following selection of the successful Tenderer] % (5% unless otherwise stated) CLAUSE 11 - VARIATIONS Percentage adjustments for valuing a Variation: (Clauses 11.3(b)(i), 11.3(c)(iii) and 11.6(f)) [To be inserted following selection of the successful Tenderer]% of amount determined for off-site overheads and profit [To be inserted following selection of the successful Tenderer]% of amount determined for non-time related on-site overheads and preliminaries Percentage of wages: (Clause 11.6(b)) [To be inserted following selection of the successful Tenderer]% CLAUSE 12 – PAYMENT Times for submission of payment claims by the Contractor to the Contract Administrator: (Clause 12.2(a)) Monthly on the day of each month Email address for copy of tax invoice: (Clause 12.5(a)) ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇.▇▇ Number of business days for payment: (Clause 12.5(b)) To the extent that the relevant part of the Contractor's Activities is carried out in: 1. Queensland or New South Wales: 5; or 2. any other State or Territory: 10. Interest rate: (Clause 12.13) 1. In the case of damages - the Australian Taxation Office-sourced General Interest Charge Rate current at the due date for payment or such other rate nominated in writing from time to time by the Contract Administrator; or 2. In the case of late payments - the greater of: (a) the rate in paragraph (1); and (b) the rate of interest prescribed under any applicable Security of Payment Legislation. Appointed Adjudicator/Prescribed Appointer/ Authorised Nominating Authority: (Clause 12.18(d)) To the extent that the relevant part of the Contractor's Activities is carried out in: 1. the Northern Territory or Western Australia: (a) the appointed adjudicator is ; or (b) if no appointed adjudicator is appointed, the prescribed appointer is the Resolution Institute, Northern Territory Chapter or Western Australian Chapter (as the case may be); or 2. ▇▇▇▇▇▇▇▇, any one of the following: (a) Resolution Institute, Victorian Chapter; (b) Building Adjudication Victoria Inc; or (c) Rialto Adjudications Pty Ltd; or 3. any other State or Territory (save for Queensland), the Resolution Institute of the Chapter in that State or Territory. Limits of accuracy for quantities in Schedule of Rates: (Clause 12.23(c)) Upper Limit: (115% unless otherwise stated) Lower Limit: (85% unless otherwise stated) Facilities and infrastructure accounting (additional): (Clause 12.21(b)) CLAUSE 13 – COMPLETION Liquidated damages payable by Contractor when Date of Completion occurs after Date for Completion: (Clause 13.7) If there are no Stages, for the Works is: $ per day. If there are Stages, for each Stage is: Stage Liquidated Damages $ per day $ per day CLAUSE 14 - TERMINATION Number of days to remedy breach: (Clauses 14.3(c) and 14.4(b14.4(d)(ii)) days CLAUSE 15 - DISPUTES Directions to be subject of an expert determination if disputed: (Clause 15.2) Directions under clauses: 2.3(a)(ii), 4.2, 7.3(b)(i), 7.4(a)(ii), 8.4(c)(ii), 8.4(d), 8.21(d)(ii), 8.29, 9.5, 9.9(b)(i), 9.10, 10.8, 10.11(b)(ii)B, 11.3(b), 11.3(c)(ii), 11.3(d), 11.6, 12.4, 12.23(e)(ii), 13.2(b)(ii), 14.8(a), 18.4(e)(ii) and 18.4(e)(iii) and if clause 1 6 of the Special Conditions applies, clause 1.1(b)(i6.1(b)(i)) of the Special Conditions and clause 1.2(b6.2(b) of the Special Conditions. Industry expert who will conduct expert determinations: (Clause 15.3(a)(i)) Nominating authority for industry expert: (Clause 15.3(a)(ii)) (The President for the time being of the Resolution Institute unless otherwise specified)